This course examines the law of information privacy, an individual's right to control his or her personal information held by others. The aim of the course is to understand how courts and Congress seek to protect information privacy as new technologies and institutional practices emerge. The course traces the origins of the right to information privacy in American law through constitutional law, tort law, and modern statutory law. Case studies of landmark privacy legislation illustrate how expectations of privacy are translated into legal frameworks. The course looks at recent controversies involving cell phone tracking, drones, social media monitoring, and internet connected devices. The course also considers the impact of the European privacy directive, the growth of the Internet, and the availability of cryptography and other Privacy Enhancing Technologies on the future of privacy law in the United States.

And if you are at Georgetown University Law Center taking a class on Information Privacy Law, you should learn more about the Georgetown Law Center on Privacy and Technology. Finally, real privacy experts say "Fair Information Practices" not "Fair Information Practice Principles." These things matter.

LOGISTICS

Information Privacy Law meets Wednesday evenings, 5:45 p.m. to 7:45 p.m. in Hotung 1000. There is no class Wednesday, February 20th (faculty retreat) and no class on Wednesday, March 13th (spring break). The last class is Wednesday, April 24th. Information Privacy Law is a two-credit seminar. The final will be a take-home exam. There is no paper option. To contact Professor Rotenberg, send email to rotenberg@epic.org or call 202-483-1140 x106. To contact Professor Butler, send email to butler@epic.org or call 202-483-1140 x103.

Grading is based on the final exam, class attendance, and class participation. If you are unable to attend a class, please let us know in advance. There is no writing assignment this year. Students may not withdraw from this class after the add/drop period ends without the permission of the professor.

WHAT'S IMPORTANT

Here are ten concepts you should understand after taking this class:

Privacy law - the major decisions, statutes, and international frameworks

The role of Fair Information Practices in shaping modern privacy law

The "reasonable expectation of privacy" test and its various applications

How privacy concerns are translated into legal claims

The significance of the Brandeis dissent in Olmstead

The various institutional actors in the development of privacy law - judges, regulators, lawyers, legislators, advocates, technologists

The basic elements of a privacy statute

How to assess the privacy implications of new business practices and new government practices

Technology as both a threat and an aid to modern privacy protection

The many dimensions of privacy (physical privacy versus informational privacy) and the paradoxes of privacy (privacy and transparency, privacy and the First Amendment)

Week 1: Privacy and the Fourth Amendment (January 16th)

Topics

Administration -

Class objectives

Meeting time and place

Final exam

Privacylawandsociety.org website

The text of the Fourth Amendment

The significance of the Brandeis dissent in Olmstead

The Reasonable Expectation of Privacy ("REOP") Test

The application of REOP to new investigative techniques

The Grand Synthesis: Reconciling property-based and REOP-based views of the Fourth Amendment